Lawsuit over airport billboards clears hurdle

An Atlanta businessman cleared a major legal hurdle Tuesday in his lawsuit that accuses the city of Atlanta and others of conspiracy in the award of a lucrative airport advertising contract.

U.S. District Court Judge Charles Pannell Jr. said the civil-rights lawsuit filed by Corey Airport Services can proceed toward trial.

The suit was filed against a number of defendants, including the city, Mayor Shirley Franklin, airport General Manager Ben DeCosta and the winners of the contract — Clear Channel Airports of Georgia and its politically connected minority partner, Barbara Fouch.

In a 138-page ruling, Pannell denied the defendants’ motion to dismiss a number of claims, including those alleging conspiracy and equal-protection violations.

For example, the judge said, Corey has produced evidence that a 2002 request for proposals for the contract and the selection process “were biased and manipulated by the city to the benefit of Clear Channel.”

Atlanta attorney Mike Bowers, one of Corey’s lawyers, called the ruling a “huge, huge win.”

Corey, who seeks to be awarded the airport advertising contract as well as unspecified money damages, “looks forward to going to trial,” Bowers said.

Atlanta city attorney Elizabeth Chandler said she was reviewing the ruling and exploring options for appeal. She expressed confidence in the city’s legal position.

“We look forward to getting our case to the jury,” she said. “We’re confident of the city’s procurement process for this contract. Mayor Franklin has instituted a fair and transparent bidding process.”

Lawyers for Clear Channel and Fouch did not immediately return phone calls and e-mails seeking comment.

Corey is owned by self-made multimillionaire Billy Corey, who waged a public relations campaign against the city after he lost the contract to manage billboards at Hartsfield-Jackson International Airport.

In 2002, the city issued it request for proposals for the airports advertising contract, expected to generate at least $9 million a year. On Nov. 1, 2004, the contract was awarded to Clear Channel Airports and Fouch, a longtime friend of the late Maynard Jackson, who has held a stake in the airport’s indoor billboards since 1981.